Unit 3 - Civil Liberties and Civil Rights Flashcards
civil liberties
fundamental rights and freedoms protected from infringement by the government (protect citizen from the government)
civil rights
protection from discrimination as a member of a particular group
due process
restricts state governments from denying their citizens their life, liberty, or property without legal safeguards (part of 14th amendment)
incorporation doctrine
bill of rights are extended to be applicable to state as well
selective incorporation
process through which the supreme court applies fundamental rights in the bill of rights to the states on a case-by-case basis
establishment clause
first amendment protection against the government requiring citizens to join or support a religion
free exercise clause
first amendment protection of the rights of individuals to exercise and express their religious beliefs
lemon test
evaluates whether a law or governmental activity violates the establishment clause
clear and present danger
determine under what circumstances limitd can be placed on first amendment
prior restraint
supression of material prior to publication on the grounds that it might endanger national security
symbolic speech
protected expression in the form of images, signed, and other symbols
hate speech
public speech that expresses hate or encourage violence toward a person or group
slander
an untrue spoken expression that injures a person’s reputation
libel
an untrue written statement that injure a person’s reputation
fighting words
written or spoken words intended to incite hatred or violence from their target
exclusionary rule
a rule that evidence obtained without a warrant is inadmissible incourt
13th amendment
constitutional amendment that outlaws slavery
14th amendment
constitutional amendment asserting that persons born int eh US are citizens and prohibits states from denying person s due process or equal protection under the law
15th amendment
constitutional amendment that gave african americans the right to vote
19th amendment
constitutional amendment granting women right to vote
naacp
ensure political, educational, equality of minority group citizens of states and eliminate race prejudice
civil rights act of 1964
legislation outlawing racial segregation in schools and public places and authorizing the attorney general to sue individual school districts that failed to desegregate
de jure discrimination
separation of individuals based on their characteristics intentionally and by law
de facto discrimination
describe a situation where legislation did not overtly segregate students by race, but nevertheless school segregation continued
equal rights amendment
guarantee legal gender equality for women and men
strict scrutiny
law infringes upon a fundamental constitutional right
equal pay act of 1963
protects against wage discrimination based on sex
title ix
prohibiting sex discrimination in schools receiving federal aid, which has the impact of increasing female participating in sport programs
affirmative action
policy designed to address the consequences of previous discrimination by providing special consideration to individuals based upon their characteristics
Engel v. Vitale
court ruled that it in unconstitutional to hold prayers in public school (even if its voluntary/nonreligious) because it violates the establishment clause
Schenck v. US
court ruled that schenck’s actions of critizing the draft would create a security/safety risk, which posses a clear and present danger (test created)
New York Times v. US
court ruled that the government’s actions to stop the company fro publishing classified study violates the first amendment since it does it cause a direct or immediate safety risk to the country
Tinker v. Des Moines
court ruled that the students actions to wear armbands are protected by the first amendment because they are not interfering with school education; first amendment rights of freedom of expression
Wisconsin v. Yoder
court ruled that the law that requires all children under 16 to attend school violates the first amendment since it prohibits families (ex. amish) from practicing their religion
McDonald v. Chicago
court ruled that the citizens have the right to bear and own guns
Gideon v. Wainwright
court argues with the fact that the sixth amendment should be applied to state courts, defendants in state courts are allowed an attorney present
